Revista Forumul Judecătorilor

Contents

INTERVIEWS – About Justice and Judges

Interviews with Mr. Bogdan Murgescu and Mr. Bedros Horasangian

ATTITUDES

Dieter Schlafen – Observations on the Unification of Jurisprudence, as it was Designed in Little Reform and the New Procedure Codes. The Impact of Four New Codes of Legal Certainty and Predictability of Justice.

Sarah M. R. Cravens – Judging Discretion: Contexts for Understanding the Role of Judgment

David F. Levi – From Judge to Dean: Reflections on the Bench and the Academy

Lydia Vicente – The Duty to Investigate Past Crimes and to Ensure the Rights of Victims of Forced Disappearances during the Civil War and Franco’s Regime.

Tomasz Posluszny – Mediation in Polish Legal System

Lee Epstein, William M. Landes and Richard A. Posner – Why (and When) Judges Dissent: a Theoretical and Empirical Analysis

Jaime Octávio Cardona Ferreira – Citizens and the Ways to Achieve Justice

Dragos Calin – Observations on the Spanish Judiciary in Social Matters

JURIDICAL STUDIES

Carla Alexandra Anghelescu – The right to Request and Obtain the Hearing of the Witnesses as a Procedural Safeguard of the Right to a Fair Trial

Delia-Narcisa Theohari, Camelia-Maria Ilie – Transfer of Litigiousness Debts

Sanda Lungu, Ion Ninu, Dragos Marian Radulescu, Gabriela Raducan – Point of View Formulated on Using ADR as a Means to Resolve Disputes Arising from Transactions and Business Practices in the European Union

CASE-LAW

Recent jurisprudence of the European Court of Human Rights

1. The provisions of Law no. 10/2001 in relation to the provisions of common law – admissibility decision in the case Gladkvist and Bucur against Romania, March 2, 2010.

2. The controversy of applicability of art. 6 ECHR in relation to traffic contraventions settled in the decision of inadmissibility Pop against Romania.

Recent jurisprudence of the Court of Justice of the European Union

1. Free movement of persons. Tax exemption to purchase a first home. Indirect discrimination. Direct discrimination.

2. The principle of equal treatment between men and women. Using the criterion of sex as a factor in calculating premiums and benefits in insurance services.

3. Rights conferred by European citizenship. Applying to a purely internal situation.

4. The law applicable to employment contracts with community element.

5. Freedom of establishment. Restrictive national treatment on the establishment of large shopping centers.

6. Free movement of persons. Recognition of diplomas of higher education. Mechanisms. Conditions.

7. Community trade mark. The effects of court decisions on the validity and counterfeiting of Community trade marks given in a Member State.

Recent Jurisprudence of the High Court of Cassation and Justice

1. Failure to meet legal requirements for application to promotion contest of judges to vacant executive positions. Matter of private international law is not compatible with the specialization administrative department and taxation, administrative law being a branch of public law.

2. The aim of the Association of Magistrates of Romania, to defend the professional interests of its members in relation with other subjects of law, promoting the dignity of the profession and ensuring the rights and professional status of judges, justifies the interest in challenging the appointment as president or vice president of the Superior Council of Magistracy.

3. Unlawfulness of psychological testing and psychological review of candidates admitted to the written test conducted after sustaining the admission to the National Institute of Magistracy.

4. The assimilation of assistant judges from the High Court of Cassation and Justice, as rank and salary of the appeals court judges, does not lead ope legis to acquiring professional degree of the Court of Appeals judge.

PRESENTATIONS

The Project JurisClasor CEDO (www.hotararicedo.ro)

FUNNY

Order of Kenton Circuit Court on Amicably Settlment. Metaforical Argumentation